2006 New York Code - Definitions.

 
    §  2752.  Definitions.  As used or referred to in this title, unless a
  different meaning clearly appears from the context:
    1. "Airport" (a) shall mean any area of land or water which  is  used,
  or  intended  for  use, for the landing and takeoff of aircraft, and any
  appurtenant areas which are used,  or  intended  for  use,  for  airport
  buildings  or  other  airport facilities or rights-of-way, together with
  all airport buildings and facilities located thereon; and  (b)  includes
  any heliport.
    2.  "Airport  hazard"  shall  mean  any structure or object of natural
  growth located on or in the vicinity of an airport, or any use  of  land
  near  such  an  airport,  which  obstructs the airspace required for the
  flight of aircraft in landing or  taking  off  at  such  airport  or  is
  otherwise hazardous to such landing or taking off of aircraft.
    3. "Authority" shall mean the corporation created by this title.
    4.  "Aviation  facilities" shall mean any airport facility or terminal
  including but  not  limited  to  any  facility,  property  or  equipment
  necessary,   convenient  or  desirable  for  the  landing,  taking  off,
  accommodation or servicing of aircraft of all types, and  shall  include
  such other facilities, equipment, property, structures and appurtenances
  as  may  be  necessary  or  convenient  in  the  operation, maintenance,
  development  or  improvement  of  an   airport   including   facilities,
  equipment,  property,  structures,  and  appurtenances,  leased  by  the
  authority to persons, engaged in air transportation or the production or
  development of materials, goods or  equipment  for  an  airport  or  air
  transportation   or   in  providing  facilities  or  equipment  for  the
  accommodation, safety, security or comfort of the traveling  public  and
  for  purposes  related  or  incidental  to  one or more of the foregoing
  purposes.  It  shall  include,  without  limitation,  runways,   aprons,
  hangars,  control  towers, ramps, taxiways, navigation aids, warehouses,
  office and service buildings, structures, parking facilities, concession
  facilities, maintenance facilities, fuel facilities, facilities for  the
  overnight  accommodation  of passengers and carrier employees, including
  hotels and motels located at an authority's airport, and facilities  for
  the  loading,  unloading,  holding,  interchange  or  transfer  of  such
  passengers, freight, baggage or cargo.  It shall also mean any  property
  necessary  to  remove,  mitigate,  prevent  or limit airport hazards. It
  shall also mean facilities and equipment providing access to an  airport
  facility or terminal, including appropriate mass transportation terminal
  facilities  at  and  within  the airport facility or terminal itself. It
  shall also mean highways, access roads, driveways and approaches in  the
  vicinity of an airport facility or terminal providing improved access to
  such   airport   facility  or  terminal.  Notwithstanding  any  contrary
  provision of law, general, special or local, it shall also mean railroad
  freight projects related  or  of  benefit  to  an  airport  facility  or
  terminal  consisting  of  railroad  freight transportation facilities or
  railroad freight terminal facilities; and  any  equipment,  improvement,
  structure or facility or any land, and any building, structure, facility
  or  other  improvement  thereon,  or  any  combination  thereof, and all
  property in connection therewith or incidental thereto, deemed necessary
  or desirable in the opinion of the authority,  whether  or  not  now  in
  existence  or  under  construction, for the undertaking of such railroad
  freight projects.
    5.  "Bonds"  shall  mean  the  bonds,  notes  or  other  evidences  of
  indebtedness  issued  by  the  authority  pursuant to this title and the
  provisions of this title relating to bonds and bondholders  which  shall
  apply   with   equal   force   and  effect  to  notes  and  noteholders,
  respectively, unless the context otherwise clearly requires.
    6. "Construction" shall  mean  the  acquisition,  erection,  building,
  alteration,   repair,  improvement,  increase,  enlargement,  extension,
  installation, reconstruction, renovation or rehabilitation of a  project
  including  any appurtenances thereto which may be necessary or desirable
  to  promote  the  efficiency  or  effectiveness  of  such  project;  the
  inspection and supervision thereof;  and  the  engineering,  consulting,
  architectural,    legal,   fiscal   and   economic   and   environmental
  investigations and studies, surveys, designs, plans,  working  drawings,
  specifications,  procedures  and  other  actions  incidental thereto and
  claims arising therefrom.
    7. "Cost", as applied to  any  project,  shall  include  the  cost  of
  construction, the cost of the acquisition of all property, both real and
  personal,  improved and unimproved, the cost of demolishing, removing or
  relocating any buildings or structures on lands so  acquired,  including
  the  cost  of  relocating tenants or other occupants of the buildings or
  structures on such land and the cost of acquiring  any  lands  to  which
  such  buildings or structures may be moved or relocated, the cost of all
  systems,  facilities,  machinery,  apparatus  and  equipment,  financing
  charges,  interest prior to, during and after construction to the extent
  not paid or provided for from revenues or other  sources,  the  cost  of
  engineering  and  architectural  surveys,  plans and specifications, the
  cost of consultants' and legal services, the cost of  lease  guarantees,
  credit  enhancement  or  bond  insurance,  other  expenses  necessary or
  incidental to the construction of such project and the financing of  the
  construction  thereof, including the amount authorized in the resolution
  of the authority providing for the issuance of bonds to be paid into any
  reserve or other special fund from the proceeds of such  bonds  and  the
  financing  of  the  placing  of  any  project  in  operation,  including
  reimbursement  to  any  public  corporation,  the  state,  the   federal
  government  or  any other person for expenditures that would be costs of
  the project hereunder had they been made directly by the authority.
    8. "County" shall mean Monroe county.
    9. "Equipment" shall mean snow removal  vehicles,  fire  fighting  and
  rescue  vehicle,  passenger  and  freight  vehicles,  aircraft,  motors,
  boilers, engines,  wires,  ways,  conduits  and  mechanisms,  machinery,
  tools, implements, materials, supplies, instruments and devices of every
  nature  whatsoever  used  or  useful  for  aviation  and  transportation
  purposes or for the generation or transmission of motive power including
  but not limited to all power houses, and all apparatus and  all  devices
  for   navigation,   security,  safety,  signalling,  communications  and
  ventilation as  may  be  necessary,  convenient  or  desirable  for  the
  operation of aviation facilities and pollution control facilities.
    10.  "Facility"  shall  mean,  among  other  things,  such properties,
  structures,  appurtenances,  utilities,  terminals,  railroad  trackage,
  warehouses,  elevators  and  such  other works, properties, buildings or
  allied items necessary or  desirable  in  connection  with  development,
  operation,   maintenance   or   improvement   of   airport   and  public
  transportation needs and for  the  accommodation,  safety,  security  or
  comfort of the public and of commercial enterprise.
    11.  "Federal government" shall mean the United States of America, and
  any department, board, commission, bureau, division, corporation, agency
  or instrumentality thereof.
    12. "Joint service arrangement" shall mean agreements between or among
  the authority and any person, the state, the county,  any  other  public
  corporation,  the  federal  government,  any  other  state  or agency or
  instrumentality thereof, relating to  property,  buildings,  structures,
  facilities,   services,   rates,   fares,   classification,   divisions,
  allowances or charges (including charges between operators of  railroad,
  omnibus  and  aviation  facilities),  or rules or regulations pertaining
  thereto, for or in connection with or incidental  to  transportation  in
  part  in or upon railroad, omnibus or aviation facilities located within
  the  county  and  in  part  in  or  upon  railroad,  omnibus or aviation
  facilities located outside the county.
    13. "Municipality" shall mean a county, city, town, village or  school
  district.
    14.  "Person"  shall  mean  any  natural  person,  firm,  partnership,
  association,  joint  venture  or  corporation,  exclusive  of  a  public
  corporation.
    15.  "Personal property" shall mean chattels and other tangible things
  of a movable or removable nature.
    16.  "Pollution  control  facilities"  shall   mean   any   equipment,
  improvement,  structure  or  facility  or  any  land  and  any building,
  structure, facility or other improvement  thereon,  or  any  combination
  thereof,  and  all  property deemed necessary therewith, which if within
  any city are not of a character or nature then or formerly furnished  or
  supplied  by  the city, having to do with or the end purpose of which is
  the control, abatement or prevention of land, sewer, water,  air,  noise
  or  general  environmental  pollution  deriving  from  the  operation of
  aviation facilities, including, but not limited  to  any  air  pollution
  control  facility,  noise  abatement  or suppression facility (including
  physical barriers, landscaping and sound proofing  for  the  purpose  of
  diminishing  the  effect  of  aircraft  noise on any area adjacent to an
  airport), water management  facility,  waste  water  collecting  system,
  waste  water  treatment  works, sewage treatment works system, or sewage
  treatment system or site.
    17. "Property" shall mean both real and personal property.
    18. "Project" shall mean any property or improvements  located  within
  the  state  of  New  York  and within or outside or partially within and
  partially  outside  Monroe  county,  including,  but  not  limited   to,
  machinery,  equipment and other facilities deemed necessary or desirable
  in connection therewith, or incidental thereto, whether or  not  now  in
  existence  or  under  construction, which shall be necessary or suitable
  for aviation purposes and airport development and which may  include  or
  mean  aviation  facilities  and  pollution control facilities; provided,
  however, the authority shall not use its funds in respect of any part of
  a project located wholly or partially outside  the  county  without  the
  prior consent thereto by the governing body of any other county in which
  a  part  or  parts of the project is, or is to be located. It shall also
  mean any property  necessary  to  remove,  mitigate,  prevent  or  limit
  airport hazards.
    19.  "Public  corporation"  shall  mean a county, city, town, village,
  school district or special district,  any  public  benefit  corporation,
  agency or instrumentality of the state or of any municipality, or two or
  more of any of the foregoing acting jointly.
    20.  "Real  property"  shall  mean  lands,  structures, franchises and
  interests in land, airspace, waters, lands under water, riparian rights,
  air rights, any fixtures, equipment and articles  of  personal  property
  affixed  to  or used in connection therewith, and any and all things and
  rights included within said term  and  includes  not  only  fees  simple
  absolute but also any and all lesser interests including but not limited
  to  easements,  rights  of  way,  uses,  leases,  licenses and all other
  incorporeal hereditaments and every estate, interest or right, legal  or
  equitable,  including  terms  for  years  and  liens  thereon  by way of
  judgments, mortgages, or otherwise.
    21. "Revenues" shall mean all rates, fees,  rents,  revenues,  charges
  and  other  income derived by the authority from the operation, leasing,
  sale or other disposition of a project or projects.
    22. "State" shall mean the state of New York.